By:  Armbrister                                        S.R. No. 939

                                  SENATE RESOLUTION

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rules 12.03(1),

 1-3     (2), (3), and (4), Senate Rule 12.04(5), and Senate Rules 12.05(1),

 1-4     (2), (3), and (5) be suspended in part as provided by Senate Rule

 1-5     12.08 to enable the conference committee appointed to resolve the

 1-6     differences on House Bill No. 4 to consider and take action on the

 1-7     following specific matter:

 1-8           Senate Rules 12.03(1), (2), (3), and (4), Senate Rule

 1-9     12.04(5), and Senate Rules 12.05(1), (2), (3), and (5) are

1-10     suspended to permit the committee to add, change, and delete text

1-11     and matters and to add a complete substitute to House Bill No. 4 to

1-12     read as follows:

1-13                          ARTICLE 1. SCHOOL FINANCE

1-14           SECTION 1.01.  Subchapter A, Chapter 41, Education Code, is

1-15     amended by adding Section 41.0011 to read as follows:

1-16           Sec. 41.0011.  COMPUTATION OF WEALTH PER STUDENT FOR

1-17     1997-1998 SCHOOL YEAR.  (a)  Notwithstanding any other provision of

1-18     this chapter, in computing a school district's wealth per student

1-19     for the 1997-1998 school year, a school district's taxable value of

1-20     property under Subchapter M, Chapter 403, Government Code, is

1-21     determined as if the increase in the homestead exemption under

1-22     Section 1-b(c), Article VIII, Texas Constitution, and the

1-23     additional limitation on tax increases under Section 1-b(d) of that

 2-1     article, as proposed by H.J.R. No. 4, 75th Legislature, Regular

 2-2     Session, 1997, had been in effect for the 1996 tax year.

 2-3           (b)  This section expires September 1, 1998.

 2-4           SECTION 1.02.  Section 41.093, Education Code, is amended to

 2-5     read as follows:

 2-6           Sec. 41.093.  COST.  The cost of each credit is an amount

 2-7     equal to the greater of:

 2-8                 (1)  the amount of the district's maintenance and

 2-9     operations [total] tax revenue per student in weighted average

2-10     daily attendance for the school year for which the contract is

2-11     executed; or

2-12                 (2)  the amount of the statewide district average of

2-13     maintenance and operations [total] tax revenue per student in

2-14     weighted average daily attendance for the school year preceding the

2-15     school year for which the contract is executed.

2-16           SECTION 1.03.  Subchapter E, Chapter 42, Education Code, is

2-17     amended by adding Section 42.2511 to read as follows:

2-18           Sec. 42.2511.  COMPUTATION OF STATE AID FOR 1997-1998 SCHOOL

2-19     YEAR; ADDITIONAL STATE AID.  (a)  Notwithstanding any other

2-20     provision of this chapter, in computing state aid for the 1997-1998

2-21     school year, a school district's taxable value of property under

2-22     Subchapter M, Chapter 403, Government Code, is determined as if the

2-23     increase in the homestead exemption under Section 1-b(c), Article

2-24     VIII, Texas Constitution, and the additional limitation on tax

2-25     increases under Section 1-b(d) of that article, as proposed by

 3-1     H.J.R. No. 4, 75th Legislature, Regular Session, 1997, had been in

 3-2     effect for the 1996 tax year.

 3-3           (b)  For the 1997-1998 and 1998-1999 school years, a school

 3-4     district is entitled to additional state aid to the extent that

 3-5     state aid under this chapter based on the determination of the

 3-6     school district's taxable value of property as provided by

 3-7     Subsection (a)  does not fully compensate the district for ad

 3-8     valorem tax revenue that would have been lost due to the increase

 3-9     in the homestead exemption and the additional limitation on tax

3-10     increases if the increased exemption and additional limitation had

3-11     been in effect for the 1996 tax year.  The commissioner, using

3-12     information provided by the comptroller, shall compute the amount

3-13     of additional state aid to which a district is entitled under this

3-14     subsection.  A determination by the commissioner under this

3-15     subsection is final and may not be appealed.

3-16           (c)  This section expires September 1, 1999.

3-17           SECTION 1.04.  Subtitle I, Title 2, Education Code, is

3-18     amended by adding Chapter 46 to read as follows:

3-19               CHAPTER 46.  INSTRUCTIONAL FACILITIES ALLOTMENT

3-20           Sec. 46.001.  DEFINITION.  In this chapter, "instructional

3-21     facility" means real property, an improvement to real property, or

3-22     a necessary fixture of an improvement to real property that is used

3-23     predominantly for teaching the curriculum required under Section

3-24     28.002.

3-25           Sec. 46.002.  RULES.  (a)  The commissioner may adopt rules

 4-1     for the administration of this chapter.

 4-2           (b)  The commissioner's rules may limit the amount of an

 4-3     allotment under this chapter that is to be used to construct,

 4-4     acquire, renovate, or improve an instructional facility that may

 4-5     also be used for noninstructional or extracurricular activities.

 4-6           Sec. 46.003.  SCHOOL FACILITIES ALLOTMENT.  (a)  For each

 4-7     year, except as provided by Sections 46.005 and 46.006, a school

 4-8     district is guaranteed a specified amount per student in state and

 4-9     local funds for each cent of tax effort, up to the maximum rate

4-10     under Subsection (b), to pay the principal of and interest on

4-11     eligible bonds issued to construct, acquire, renovate, or improve

4-12     an instructional facility.  The amount of state support is

4-13     determined by the formula:

4-14              FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))

4-15     where:

4-16           "FYA" is the guaranteed facilities yield amount of state

4-17     funds allocated to the district for the year;

4-18           "FYL" is the dollar amount guaranteed level of state and

4-19     local funds per student per cent of tax effort, which is $28 or a

4-20     greater amount for any year provided by appropriation;

4-21           "ADA" is the number of students in average daily attendance,

4-22     as determined under Section 42.005, in the district;

4-23           "BTR" is the district's bond tax rate for the current year,

4-24     which is determined by dividing the amount of taxes budgeted to be

4-25     collected by the district for payment of eligible bonds by the

 5-1     quotient of the district's taxable value of property as determined

 5-2     under Subchapter M, Chapter 403, Government Code; and

 5-3           "DPV" is the district's taxable value of property as

 5-4     determined under Subchapter M, Chapter 403, Government Code.

 5-5           (b)  The bond tax rate under Subsection (a) may not exceed

 5-6     the rate that would be necessary for the current year, using state

 5-7     funds under Subsection (a), to make payments of principal and

 5-8     interest on the bonds for which the tax is pledged.

 5-9           (c)  To enable the district to collect local funds sufficient

5-10     to pay the district's share of the debt service, a district may

5-11     levy a bond tax at a rate higher than the maximum rate for which it

5-12     may receive state assistance.

5-13           (d)  Bonds are eligible to be paid with state and local funds

5-14     under this section if:

5-15                 (1)  taxes to pay the principal of and interest on the

5-16     bonds were first levied in the 1997-1998 school year or a later

5-17     school year; and

5-18                 (2)  the bonds do not have a weighted average maturity

5-19     of less than eight years.

5-20           (e)  A district may use state funds received under this

5-21     section only to pay the principal of and interest on the bonds for

5-22     which the district received the funds.

5-23           (f)  The board of trustees and voters of a school district

5-24     shall determine district needs concerning construction,

5-25     acquisition, renovation, or improvement of instructional

 6-1     facilities.

 6-2           (g)  To receive state assistance under this chapter, a school

 6-3     district must apply to the commissioner in accordance with rules

 6-4     adopted by the commissioner before issuing bonds that will be paid

 6-5     with state assistance.  Until the bonds are fully paid or the

 6-6     instructional facility is sold:

 6-7                 (1)  a school district is entitled to continue

 6-8     receiving state assistance without reapplying to the commissioner;

 6-9     and

6-10                 (2)  the guaranteed level of state and local funds per

6-11     student per cent of tax effort applicable to the bonds may not be

6-12     reduced below the level provided for the year in which the bonds

6-13     were issued.

6-14           Sec. 46.004.  LEASE-PURCHASE AGREEMENTS.  (a)  A district may

6-15     receive state assistance in connection with a lease-purchase

6-16     agreement concerning an instructional facility.  For purposes of

6-17     this chapter:

6-18                 (1)  taxes levied for purposes of maintenance and

6-19     operations that are necessary to pay a district's share of the

6-20     payments under a lease-purchase agreement for which the district

6-21     receives state assistance under this chapter are considered to be

6-22     bond taxes; and

6-23                 (2)  payments under a lease-purchase agreement are

6-24     considered to be payments of principal of and interest on bonds.

6-25           (b)  Section 46.003(b) applies to taxes levied to pay a

 7-1     district's share of the payments under a lease-purchase agreement

 7-2     for which the district receives state assistance under this

 7-3     chapter.

 7-4           (c)  A lease-purchase agreement must be for a term of at

 7-5     least eight years to be eligible to be paid with state and local

 7-6     funds under this chapter.

 7-7           Sec. 46.005.  LIMITATION ON GUARANTEED AMOUNT.  The

 7-8     guaranteed amount of state and local funds for a new project that a

 7-9     district may be awarded in any state fiscal biennium under Section

7-10     46.003 for a school district may not exceed the lesser of:

7-11                 (1)  the amount the actual debt service payments the

7-12     district makes in the biennium in which the bonds are issued; or

7-13                 (2)  the greater of:

7-14                       (A)  $100,000; or

7-15                       (B)  the product of the number of students in

7-16     average daily attendance in the district multiplied by $250.

7-17           Sec. 46.006.  SHORTAGE OR EXCESS OF FUNDS APPROPRIATED FOR

7-18     NEW PROJECTS.  (a)  If the total amount appropriated for a year for

7-19     new projects is less than the amount of money to which school

7-20     districts applying for state assistance are entitled for that year,

7-21     the commissioner shall rank each school district applying by wealth

7-22     per student.  For purposes of this section, a district's wealth per

7-23     student is reduced by 10 percent for each state fiscal biennium in

7-24     which the district did not receive assistance under this chapter.

7-25     The commissioner shall adjust the rankings after making the

 8-1     reductions in wealth per student required by this subsection.

 8-2           (b)  Beginning with the district with the lowest adjusted

 8-3     wealth per student that has applied for state assistance for the

 8-4     year, the commissioner shall award state assistance to districts

 8-5     that have applied for state assistance in ascending order of

 8-6     adjusted wealth per student.  The commissioner shall award the full

 8-7     amount of state assistance to which a district is entitled under

 8-8     this chapter, except that the commissioner may award less than the

 8-9     full amount to the last district for which any funds are available.

8-10           (c)  Any amount appropriated for the first year of a fiscal

8-11     biennium that is not awarded to a school district may be used to

8-12     provide assistance in the following fiscal year.

8-13           (d)  In this section, "wealth per student" means a school

8-14     district's taxable value of property as determined under Subchapter

8-15     M, Chapter 403, Government Code, divided by the district's average

8-16     daily attendance as determined under Section 42.005.

8-17           Sec. 46.007.  REFUNDING BONDS.  A school district may use

8-18     state funds received under this chapter to pay the principal of and

8-19     interest on refunding bonds that:

8-20                 (1)  are issued to refund bonds eligible under Section

8-21     46.003;

8-22                 (2)  do not have a final maturity date later than the

8-23     final maturity date of the bonds being refunded;

8-24                 (3)  may not be called for redemption earlier than the

8-25     earliest call date of the bonds being refunded; and

 9-1                 (4)  result in a present value savings, which is

 9-2     determined by computing the net present value of the difference

 9-3     between each scheduled payment on the original bonds and each

 9-4     scheduled payment on the refunding bonds.  The present value

 9-5     savings shall be computed at the true interest cost of the

 9-6     refunding bonds.

 9-7           Sec. 46.008.  STANDARDS.  The commissioner shall establish

 9-8     standards for adequacy of school facilities.  The standards must

 9-9     include requirements related to space, educational adequacy, and

9-10     construction quality.  All new facilities constructed after

9-11     September 1, 1998, must meet the standards to be eligible to be

9-12     financed with state or local tax funds.

9-13           Sec. 46.009.  PAYMENT OF SCHOOL FACILITIES ALLOTMENTS.

9-14     (a)  For each school year, the commissioner shall determine the

9-15     amount of money to which each school district is entitled under

9-16     this chapter.

9-17           (b)  If the amount appropriated for purposes of this chapter

9-18     for a year is less than the total amount determined under

9-19     Subsection (a) for that year, the commissioner shall:

9-20                 (1)  transfer from the Foundation School Program to the

9-21     instructional facilities program the amount by which the total

9-22     amount determined under Subsection (a) exceeds the amount

9-23     appropriated; and

9-24                 (2)  reduce each district's foundation school fund

9-25     allocations in the manner provided by Section 42.253.

 10-1          (c)  Warrants for payments under this chapter shall be

 10-2    approved and transmitted to school district treasurers or

 10-3    depositories in the same manner as warrants for payments under

 10-4    Chapter 42.

 10-5          (d)  As soon as practicable after September 1 of each year,

 10-6    the commissioner shall distribute to each school district the

 10-7    amount of state assistance under this chapter to which the

 10-8    commissioner has determined the district is entitled for the school

 10-9    year.  The district shall deposit the money in the interest and

10-10    sinking fund for the bonds for which the assistance is received and

10-11    shall adopt a tax rate for purposes of debt service that takes into

10-12    account the balance of the interest and sinking fund.

10-13          (e)  Section 42.258 applies to payments under this chapter.

10-14          (f)  If a school district would have received a greater

10-15    amount under this chapter for the applicable school year using the

10-16    adjusted value determined under Section 42.257, the commissioner

10-17    shall add the difference between the adjusted value and the amount

10-18    the district received under this chapter to subsequent

10-19    distributions to the district under this chapter.

10-20          Sec. 46.010.  PROJECTS BY MORE THAN ONE DISTRICT.  If two or

10-21    more districts apply for state assistance in connection with a

10-22    joint project at a single location, each district is entitled to a

10-23    guaranteed facilities yield amount of state and local funds that is

10-24    20 percent higher than the amount to which the district would

10-25    otherwise be entitled under Section 46.005.

 11-1          Sec. 46.011.  SALE OF INSTRUCTIONAL FACILITY FINANCED WITH

 11-2    INSTRUCTIONAL FACILITIES ALLOTMENT.  (a)  If an instructional

 11-3    facility financed by bonds paid with state and local funds under

 11-4    this chapter is sold before the bonds are fully paid, the school

 11-5    district shall send to the comptroller an amount equal to the

 11-6    district's net proceeds from the sale multiplied by a percentage

 11-7    determined by dividing the amount of state funds under this

 11-8    subchapter used to pay the principal of and interest on the bonds

 11-9    by the total amount of principal and interest paid on the bonds

11-10    with funds other than the proceeds of the sale.

11-11          (b)  In this section, "net proceeds" means the difference

11-12    between the total amount received from the sale less:

11-13                (1)  the amount necessary to fully pay the outstanding

11-14    principal of and interest on the bonds; and

11-15                (2)  the school district's costs of the sale, as

11-16    approved by the commissioner.

11-17          SECTION 1.05.  Section 21.401, Education Code, is amended by

11-18    adding Subsections (a-3) and (a-4) and amending Subsection (b-1) to

11-19    read as follows:

11-20          (a-3)  For the 1997-1998 school year, an educator employed

11-21    under a 10-month contract must provide a minimum of 186 days of

11-22    service.  This subsection expires September 1, 1998.

11-23          (a-4)  For the 1998-1999 school year, an educator employed

11-24    under a 10-month contract must provide a minimum of 187 days of

11-25    service.  This subsection expires September 1, 1999.

 12-1          (b-1)  Subsection (b) applies beginning with the 1999-2000

 12-2    [1997-1998] school year.  This subsection expires January 1, 2000

 12-3    [1998].

 12-4          SECTION 1.06.  Section 21.402, Education Code, is amended by

 12-5    adding Subsections (a-1) and (a-2) to read as follows:

 12-6          (a-1)  Notwithstanding Subsection (a), for the 1997-1998 and

 12-7    1998-1999 school years, "FSP" for purposes of Subsection (a):

 12-8                (1)  includes amounts appropriated in H.B. No. 4, Acts

 12-9    of the 75th Legislature, Regular Session, 1997; and

12-10                (2)  does not include the following amounts

12-11    appropriated in H.B. No. 1, Acts of the 75th Legislature, Regular

12-12    Session, 1997:

12-13                      (A)  amounts appropriated under Rider 73

12-14    following appropriations to the Texas Education Agency in Article

12-15    III of that Act; or

12-16                      (B)  amounts appropriated under Section 198 of

12-17    Article IX of that Act.

12-18          (a-2)  Subsection (a-1) and this subsection expire September

12-19    1, 1999.

12-20          SECTION 1.07.  Section 403.302, Government Code, is amended

12-21    by adding Subsections (h) and (i) to read as follows:

12-22          (h)  For purposes of Sections 41.0011 and 42.2511, Education

12-23    Code, for the 1996 and 1997 tax years, the comptroller shall

12-24    certify to the commissioner of education:

12-25                (1)  a final value for each school district computed on

 13-1    a residence homestead exemption under Section 1-b(c), Article VIII,

 13-2    Texas Constitution, of $5,000; and

 13-3                (2)  a final value for each school district computed

 13-4    on:

 13-5                      (A)  a residence homestead exemption under

 13-6    Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and

 13-7                      (B)  the effect of the additional limitation on

 13-8    tax increases under Section 1-b(d), Article VIII, Texas

 13-9    Constitution, as proposed by H.J.R. No. 4, 75th Legislature,

13-10    Regular Session, 1997.

13-11          (i)  Subsection (h) and this subsection expire September 1,

13-12    1999.

13-13          SECTION 1.08.  Subchapter H, Chapter 42, Education Code, is

13-14    repealed.

13-15          SECTION 1.09.  (a)  For the 1997-1998 and 1998-1999 school

13-16    years, the commissioner of education shall increase the entitlement

13-17    under the Foundation School Program of a district that experiences

13-18    additional salary cost resulting from this Act.  The amount of

13-19    additional salary cost shall be computed by determining what the

13-20    district's salary cost for the 1996-1997 school year would have

13-21    been if, for purposes of the minimum salary schedule under Section

13-22    21.402, Education Code, the amount appropriated for the Foundation

13-23    School Program for the 1997-1998 state fiscal year were increased

13-24    by $520 million and comparing that cost and the amount the district

13-25    was actually required to pay under Section 21.402, Education Code.

 14-1    For this purpose, the commissioner of education shall use 1996-1997

 14-2    employment and salary data as reported through the Public Education

 14-3    Information Management System (PEIMS).

 14-4          (b)  A decision by the commissioner of education under this

 14-5    section is final and may not be appealed.

 14-6          (c)  Notwithstanding any other provision to the contrary, for

 14-7    a school district that entered into an employment contract with an

 14-8    individual before June 15, 1997, that specifies a salary supplement

 14-9    or addition to the salary schedule prescribed by law, the salary

14-10    schedule to which the supplement or addition applies is the salary

14-11    schedule prescribed by Section 21.402, Education Code, as that

14-12    section applied for the 1996-1997 school year, except that an

14-13    individual shall be paid at least the minimum salary prescribed by

14-14    Section 21.402, Education Code, as that section applies for the

14-15    1997-1998 school year, for the step to which the individual is

14-16    assigned.  A school district is not required to increase the pay of

14-17    any teacher or full-time librarian except as provided by Section

14-18    21.402, Education Code.

14-19          SECTION 1.10.  In addition to other amounts appropriated for

14-20    the fiscal biennium ending August 31, 1999:

14-21                (1)  the sum of $520 million is appropriated, for the

14-22    fiscal year ending August 31, 1998, from the general revenue fund

14-23    to the Texas Education Agency for purposes of the Foundation School

14-24    Program; and

14-25                (2)  the sum of $520 million, plus the unexpended

 15-1    balance of the appropriation described by Subdivision (1) of this

 15-2    section, is appropriated, for the fiscal year ending August 31,

 15-3    1999, from the general revenue fund to the Texas Education Agency

 15-4    for the same purpose.

 15-5          SECTION 1.11.  The amount appropriated in H.B. No. 1, Acts of

 15-6    the 75th Legislature, Regular Session, 1997, to the Texas Education

 15-7    Agency for Strategy A.2.2.--Maximizing School Facilities, in

 15-8    Article III of that Act, is reduced to $100 million for the fiscal

 15-9    year ending August 31, 1998, and to $100 million, plus the

15-10    unexpended balance for the fiscal year 1998, for the fiscal year

15-11    ending August 31, 1999.

15-12          SECTION 1.12.  (a)  The amount appropriated in H.B. No. 1,

15-13    Acts of the 75th Legislature, Regular Session, 1997, to the Texas

15-14    Education Agency for Strategy A.2.1.--Foundation School Program, in

15-15    Article III of that Act, is increased by $1 million for each year

15-16    of the fiscal biennium ending August 31, 1999, and the basic

15-17    allotment under Section 42.101, Education Code, is increased to

15-18    $2,396.

15-19          (b)  The amounts appropriated under Rider 73 following the

15-20    appropriations to the Texas Education Agency in Article III, H.B.

15-21    No. 1, Acts of the 75th Legislature, Regular Session, 1997, to

15-22    provide transition assistance to school districts affected by an

15-23    increase in the minimum salary schedule are reduced by $36 million

15-24    for the fiscal year ending August 31, 1998, and by $31 million for

15-25    the fiscal year ending August 31, 1999.

 16-1          (c)  The amounts appropriated under Section 198, Article IX,

 16-2    H.B. No. 1, Acts of the 75th Legislature, Regular Session, 1997,

 16-3    for increases in enrollment growth are increased by $65 million.

 16-4          SECTION 1.13.  (a)  Except as provided by Subsection (b) of

 16-5    this section, this article takes effect September 1, 1997.

 16-6          (b)  Sections 1.01, 1.03, 1.05, 1.06, 1.07, 1.09, 1.10, and

 16-7    1.12 of this Act take effect September 1, 1997, but only if the

 16-8    constitutional amendment proposed by H.J.R. No. 4, 75th

 16-9    Legislature, Regular Session, 1997, is adopted by the voters.  If

16-10    the proposed amendment is not adopted, Sections 1.01, 1.03, 1.05,

16-11    1.06, 1.07, 1.09, 1.10, and 1.12 of this Act have no effect.

16-12                        ARTICLE 2.  PROPERTY TAXES

16-13          SECTION 2.01.  Section 11.13(b), Tax Code, is amended to read

16-14    as follows:

16-15          (b)  An adult is entitled to exemption from taxation by a

16-16    school district of $15,000 [$5,000] of the appraised value of the

16-17    adult's [his] residence homestead, except that $10,000 of the

16-18    exemption does not apply to an entity operating under former

16-19    Chapter 17, 18, 25, 26, 27, or 28, Education Code, as those

16-20    chapters existed on May 1, 1995, as permitted by Section 11.301,

16-21    Education Code.

16-22          SECTION 2.02.  Section 11.26, Tax Code, is amended by

16-23    amending Subsections (a) and (b) and adding Subsections (g) and (h)

16-24    to read as follows:

16-25          (a)  The tax officials shall appraise the property to which

 17-1    this section applies and calculate taxes as on other property, but

 17-2    if the tax so calculated exceeds the limitation imposed by this

 17-3    section, the tax imposed is the amount of the tax as limited by

 17-4    this section, except [Except] as otherwise provided by this

 17-5    section.  A [Subsection (b) of this section, a] school district may

 17-6    not increase the total annual amount of ad valorem tax it imposes

 17-7    on the residence homestead of an individual 65 years or older above

 17-8    the amount of the tax it imposed in the first tax year the

 17-9    individual qualified that residence homestead for the exemption

17-10    provided by [Subsection (c) of] Section 11.13(c) [11.13 of this

17-11    code].  If the first tax year the individual qualified the

17-12    residence homestead for the exemption provided by Section 11.13(c)

17-13    was a tax year before the 1997 tax year, the amount of the

17-14    limitation provided by this section is the amount of tax the school

17-15    district imposed for the 1996 tax year less an amount equal to the

17-16    amount determined by multiplying $10,000 times the tax  rate of the

17-17    school district for the 1997 tax year, plus any 1997 tax

17-18    attributable to improvements made in 1996, other than improvements

17-19    made to comply with governmental regulations or repairs [The tax

17-20    officials shall continue to appraise the property and to calculate

17-21    taxes as on other property, but if the tax so calculated exceeds

17-22    the limitation imposed by this section, the tax imposed is the tax

17-23    imposed in the first year the individual qualified the residence

17-24    homestead for the exemption].

17-25          (b)  If an individual makes improvements to the individual's

 18-1    [his] residence homestead, other than improvements required to

 18-2    comply with governmental requirements or repairs, the school

 18-3    district may increase the tax on the homestead in the first year

 18-4    the value of the homestead is increased on the appraisal roll

 18-5    because of the enhancement of value by the improvements.  The

 18-6    amount of the tax increase is determined by applying the current

 18-7    tax rate to the difference in the assessed value of the homestead

 18-8    with the improvements and the assessed value it would have had

 18-9    without the improvements.  A limitation [The limitations] imposed

18-10    by [Subsection (a) of] this section then applies [apply] to the

18-11    increased amount of tax until more improvements, if any, are made.

18-12          (g)  Except as provided by Subsection (b), if an individual

18-13    who receives a limitation on tax increases imposed by this section

18-14    subsequently qualifies a different residence homestead for an

18-15    exemption under Section 11.13, a school district may not impose ad

18-16    valorem taxes on the subsequently qualified homestead in a year in

18-17    an amount that exceeds the amount of taxes the school district

18-18    would have imposed on the subsequently qualified homestead in the

18-19    first year in which the individual receives that exemption for the

18-20    subsequently qualified homestead had the limitation on tax

18-21    increases imposed by this section not been in effect, multiplied by

18-22    a fraction the numerator of which is the total amount of school

18-23    district taxes imposed on the former homestead in the last year in

18-24    which the individual received that exemption for the former

18-25    homestead and the denominator of which is the total amount of

 19-1    school district taxes that would have been imposed on the former

 19-2    homestead in the last year in which the individual received that

 19-3    exemption for the former homestead had the limitation on tax

 19-4    increases imposed by this section not been in effect.

 19-5          (h)  An individual who receives a limitation on tax increases

 19-6    under this section and who subsequently qualifies a different

 19-7    residence homestead for an exemption under Section 11.13, or an

 19-8    agent of the individual, is entitled to receive from the chief

 19-9    appraiser of the appraisal district in which the former homestead

19-10    was located a written certificate providing the information

19-11    necessary to determine whether the individual may qualify for a

19-12    limitation on the subsequently qualified homestead under Subsection

19-13    (g) and to calculate the amount of taxes the school district may

19-14    impose on the subsequently qualified homestead.

19-15          SECTION 2.03.  Section 26.08, Tax Code, is amended to read as

19-16    follows:

19-17          Sec. 26.08.  ELECTION TO RATIFY [LIMIT] SCHOOL TAXES.

19-18    (a)  If the governing body of a school district adopts a tax rate

19-19    that exceeds the [sum of the] district's rollback tax [effective

19-20    maintenance] rate, [the rate of $0.08, and the district's current

19-21    debt rate,] the registered voters of the district at an election

19-22    held for that purpose must determine whether to approve the adopted

19-23    [limit the] tax rate [the governing body may adopt for the current

19-24    year to the school district rollback tax rate].  When increased

19-25    expenditure of money by a school district is necessary to respond

 20-1    to a disaster, including a tornado, hurricane, flood, or other

 20-2    calamity, but not including a drought, that has impacted a school

 20-3    district and the governor has requested federal disaster assistance

 20-4    for the area in which the school district is located, an election

 20-5    is not required under this section to approve [limit] the tax rate

 20-6    adopted by the governing body [may adopt] for the year following

 20-7    the year in which the disaster occurs.

 20-8          (b)  The governing body shall order that the [an] election be

 20-9    held in the school district on a date not less than 30 or more than

20-10    90 days after the day on which it adopted the tax rate.  Section

20-11    41.001, Election Code, does not apply to the election unless a date

20-12    specified by that section falls within the time permitted by this

20-13    section.  At the election, the ballots shall be prepared to permit

20-14    voting for or against the proposition: "Approving [Limiting] the ad

20-15    valorem tax rate of $_____ per $100 valuation in (name of school

20-16    district) for the current year, a rate that is $_____ higher per

20-17    $100 valuation than [from (the rate adopted) to (]the school

20-18    district rollback tax rate[)]."  The ballot proposition must

20-19    include the adopted tax rate and the difference between that rate

20-20    and the rollback tax rate in the appropriate places.

20-21          (c)  If a majority of the votes cast in the election favor

20-22    the proposition, the tax rate for the current year is the rate that

20-23    was adopted by the governing body.

20-24          (d)  If [a majority of the votes cast in the election favor]

20-25    the proposition is not approved as provided by Subsection (c), the

 21-1    governing body may not adopt a tax rate for the school district for

 21-2    the current year that exceeds the school district's [district]

 21-3    rollback tax rate [calculated for that year using the following

 21-4    formula:]

 21-5    [ROLLBACK TAX RATE = (ENROLLMENT ADJUSTMENT) (EFFECTIVE MAINTENANCE

 21-6    AND OPERATIONS RATE FOR TAX YEAR) + $0.08 + CURRENT DEBT RATE

 21-7    where:]

 21-8                [(1)  "tax year" denotes amounts used in calculating

 21-9    the rollback tax rate in the year immediately preceding the year in

21-10    which the tax increase that initiated the referendum occurred

21-11    rather than the year in which the calculation occurs; and]

21-12                [(2)  "enrollment adjustment" is computed by dividing

21-13    the current year's projected fall enrollment, as defined by the

21-14    Texas Education Agency, by last year's enrollment but may not be

21-15    less than 1.0].

21-16          (e) [(d)]  For purposes of this section, local tax funds

21-17    dedicated to a junior college district under Section 45.105(e),

21-18    Education Code, shall be eliminated from the calculation of the tax

21-19    rate adopted by the governing body of the school district.

21-20    However, the funds dedicated to the junior college district are

21-21    subject to Section 26.085.

21-22          (f) [(e)]  If a school district is certified by the

21-23    commissioner of education under Section 42.251(c), Education Code,

21-24    to have been subject to a reduction in total revenue for the school

21-25    year ending on August 31 of the tax year,[:]

 22-1                [(1)  the district's effective maintenance and

 22-2    operations rate for the tax year is calculated as provided by

 22-3    Section 26.012, except that last year's levy is reduced by the

 22-4    amount of taxes imposed in the preceding year, if any, to offset

 22-5    the amount of the reduction certified by the commissioner; and]

 22-6                [(2)]  the district's rollback tax rate for the tax

 22-7    year [calculated as provided by Section 26.04 or by Subsection (c),

 22-8    as applicable,] is increased by the tax rate that, if applied to

 22-9    the current total value for the school district, would impose taxes

22-10    in an amount equal to the amount of the reduction certified by the

22-11    commissioner.

22-12          (g) [(f)]  In a school district that received distributions

22-13    from an equalization tax imposed under former Chapter 18, Education

22-14    Code, the effective rate of that tax as of the date of the county

22-15    unit system's abolition is added to the [district's effective

22-16    maintenance and operations rate under Subsections (a) and (c) of

22-17    this section in the calculation of the] district's rollback tax

22-18    rate.

22-19          (h) [(i)]  For purposes of this section, increases in taxable

22-20    values and tax levies occurring within a reinvestment zone under

22-21    [the provisions of] Chapter 311 (Tax Increment Financing Act), in

22-22    which the district is a participant, shall be eliminated from the

22-23    calculation of the tax rate adopted by the governing body of the

22-24    school district.

22-25          (i)  For purposes of this section, the rollback tax rate of a

 23-1    school district is the sum of:

 23-2                (1)  the tax rate that, applied to the current total

 23-3    value for the district, would impose taxes in an amount that, when

 23-4    added to state funds that would be distributed to the district

 23-5    under Chapter 42, Education Code, for the school year beginning in

 23-6    the current tax year using that tax rate, would provide the same

 23-7    amount of state funds distributed under Chapter 42 and maintenance

 23-8    and operations taxes of the district per student in weighted

 23-9    average daily attendance for that school year that was available to

23-10    the district in the preceding year;

23-11                (2)  the rate of $0.08 per $100 of taxable value; and

23-12                (3)  the district's current debt rate.

23-13          (j)  For the 1997 tax year, the rollback tax rate is the sum

23-14    of:

23-15                (1)  the greater of:

23-16                      (A)  the rate necessary to impose taxes in an

23-17    amount that would provide the same amount of state and local funds

23-18    per weighted student for maintenance and operations as determined

23-19    under Subsection (i)(1) for the 1997-1998 school year that was

23-20    available to the district in the 1996-1997 school year; or

23-21                      (B)  the district's nominal maintenance and

23-22    operations tax rate for the 1996 tax year;

23-23                (2)  the rate of $0.08 per $100 of taxable value; and

23-24                (3)  the district's current debt rate.

23-25          (k)  For the 1998 tax year, the rollback tax rate is the sum

 24-1    of:

 24-2                (1)  the greater of:

 24-3                      (A)  the rate necessary to impose taxes in an

 24-4    amount that would provide the same amount of state and local funds

 24-5    per weighted student for maintenance and operations as determined

 24-6    under Subsection (i)(1) for the 1998-1999 school year that was

 24-7    available to the district in the 1996-1997 school year; or

 24-8                      (B)  the district's nominal maintenance and

 24-9    operations tax rate for the 1996 tax year;

24-10                (2)  the amount by which the district's adopted tax

24-11    rate for the 1997 tax year exceeded the sum of Subsections (j)(1)

24-12    and (j)(3) for that tax year;

24-13                (3)  the rate of $0.08 per $100 of taxable value; and

24-14                (4)  the district's current debt rate.

24-15          (l)  This subsection and Subsections (j) and (k) expire

24-16    January 1, 1999.

24-17          SECTION 2.04.  (a)  Sections 2.01 and 2.02 of this article

24-18    take effect on the date that the constitutional amendment proposed

24-19    by H.J.R. No. 4, 75th Legislature, Regular Session, 1997, takes

24-20    effect, and apply to each tax year that begins on or after January

24-21    1, 1997.  If that amendment is not approved by the voters, Sections

24-22    2.01 and 2.02 of this article have no effect.

24-23          (b)  Section 2.03 of this article takes effect September 1,

24-24    1997, and applies to the tax rate of a school district that is

24-25    adopted by the governing body of the district on or after that

 25-1    date.  A school district tax rate adopted before the effective date

 25-2    of Section 2.03 of this article for 1997 taxes is void.

 25-3                        ARTICLE 3.  LOTTERY REVENUE

 25-4          SECTION 3.01.  Section 466.015, Government Code, is amended

 25-5    by amending Subsection (c) and adding Subsection (d) to read as

 25-6    follows:

 25-7          (c)  The commission may adopt rules governing the

 25-8    establishment and operation of the lottery, including rules

 25-9    governing:

25-10                (1)  the type of lottery games to be conducted;

25-11                (2)  the price of each ticket;

25-12                (3)  the number of winning tickets and amount of the

25-13    prize paid on each winning ticket, except that the total amount of

25-14    prizes awarded under this chapter may not exceed the amount

25-15    described in Subsection (d);

25-16                (4)  the frequency of the drawing or selection of a

25-17    winning ticket;

25-18                (5)  the number and types of locations at which a

25-19    ticket may be sold;

25-20                (6)  the method to be used in selling a ticket;

25-21                (7)  the use of vending machines or electronic or

25-22    mechanical devices of any kind, other than machines or devices that

25-23    dispense currency or coins as prizes;

25-24                (8)  the manner of paying a prize to the holder of a

25-25    winning ticket;

 26-1                (9)  the investigation of possible violations of this

 26-2    chapter or any rule adopted under this chapter;

 26-3                (10)  the means of advertising to be used for the

 26-4    lottery;

 26-5                (11)  the qualifications of vendors of lottery services

 26-6    or equipment;

 26-7                (12)  the confidentiality of information relating to

 26-8    the operation of the lottery, including:

 26-9                      (A)  trade secrets;

26-10                      (B)  security measures, systems, or procedures;

26-11                      (C)  security reports;

26-12                      (D)  bids or other information regarding the

26-13    commission's contracts, if disclosure of the information would

26-14    impair the commission's ability to contract for facilities, goods,

26-15    or services on terms favorable to the commission;

26-16                      (E)  personnel information unrelated to

26-17    compensation, duties, qualifications, or responsibilities; and

26-18                      (F)  information obtained by commission security

26-19    officers or investigators;

26-20                (13)  the development and availability of a model

26-21    agreement governing the division of a prize among multiple

26-22    purchasers of a winning ticket purchased through a group purchase

26-23    or pooling arrangement;

26-24                (14)  the criteria to be used in evaluating bids for

26-25    contracts for lottery facilities, goods, and services; or

 27-1                (15)  any other matter necessary or desirable as

 27-2    determined by the commission, to promote and ensure:

 27-3                      (A)  the integrity, security, honesty, and

 27-4    fairness of the operation and administration of the lottery; and

 27-5                      (B)  the convenience of players and holders of

 27-6    winning tickets.

 27-7          (d)  The total amount of lottery prizes that the commission

 27-8    may award for all lottery games in any fiscal year may not exceed

 27-9    an amount equal to the gross revenue from the sale of tickets in

27-10    that fiscal year multiplied by the percentage amount of lottery

27-11    prizes awarded for all lottery games in fiscal year 1997 as

27-12    determined by the comptroller minus an amount equal to five percent

27-13    of gross lottery revenue for the fiscal year in which the prizes

27-14    are being awarded.

27-15          SECTION 3.02.  Section 466.355(b), Government Code, is

27-16    amended to read as follows:

27-17          (b)  Money in the state lottery account may be used only for

27-18    the following purposes and shall be distributed as follows:

27-19                (1)  the payment of prizes to the holders of winning

27-20    tickets;

27-21                (2)  the payment of costs incurred in the operation and

27-22    administration of the lottery, including any fees received by a

27-23    lottery operator, provided that the costs incurred in a fiscal

27-24    biennium may not exceed an amount equal to 15 percent of the gross

27-25    revenue accruing from the sale of tickets in that biennium;

 28-1                (3)  the establishment of a pooled bond fund, lottery

 28-2    prize reserve fund, unclaimed prize fund, and prize payment

 28-3    account; and

 28-4                (4)  the balance, after creation of a reserve

 28-5    sufficient to pay the amounts needed or estimated to be needed

 28-6    under Subdivisions (1) through (3), to be transferred to the

 28-7    foundation school [unobligated portion of the general revenue]

 28-8    fund, on or before the 15th day of each month.

 28-9          SECTION 3.03.  This article takes effect September 1, 1997.

28-10          SECTION 3.04.  (a)  Except as provided by Subsection (b) of

28-11    this section, the change in law made to Section 466.015, Government

28-12    Code, by this article applies to a ticket sold on or after the

28-13    effective date of this article.  A ticket sold before that date is

28-14    governed by the law in effect when the ticket was sold, and that

28-15    law is continued in effect for that purpose.

28-16          (b)  In fiscal year 1998, the total amount of lottery prizes

28-17    that the Texas Lottery Commission may award under Section

28-18    466.015(d), Government Code, as added by this article, may not

28-19    exceed an amount equal to the gross revenue from the sale of

28-20    lottery tickets multiplied by the percentage amount of lottery

28-21    prizes awarded for all lottery games in fiscal year 1997 as

28-22    determined by the comptroller minus an amount equal to 4-1/2

28-23    percent of gross lottery revenue for the 1998 fiscal year.

28-24          SECTION 3.05.  The change in law made to Section 466.355,

28-25    Government Code, by this article applies only to a transfer from

 29-1    the state lottery account made on or after the effective date of

 29-2    this article.

 29-3                           ARTICLE 4.  EMERGENCY

 29-4          SECTION 4.01.  The importance of this legislation and the

 29-5    crowded condition of the calendars in both houses create an

 29-6    emergency and an imperative public necessity that the

 29-7    constitutional rule requiring bills to be read on three several

 29-8    days in each house be suspended, and this rule is hereby suspended.

 29-9          Explanation:  This change is necessary to provide for the

29-10    distribution of available revenue for property tax relief to owners

29-11    of homestead property, to provide a funding mechanism to compensate

29-12    school districts for the amounts of losses of local revenue

29-13    occurring as a result of the added homestead exemptions and tax

29-14    limitations, to allocate certain funds for school debt service, to

29-15    increase the minimum salary schedule for public school teachers, to

29-16    make, limit, and transfer appropriations for those purposes, to

29-17    provide for the computation of the school tax rollback rate, and to

29-18    increase and dedicate certain revenue from the state lottery.

29-19                                 ______________________________________

29-20                                         President of the Senate

29-21                                      I hereby certify that the above

29-22                                 Resolution was adopted by the Senate

29-23                                 on May 31, 1997, by the following

29-24                                 vote:  Yeas 30, Nays 0.

29-25                                 ______________________________________

29-26                                         Secretary of the Senate